New York S 6687: Relates to witnesses to a health care proxy and the crime of forgery in the second degree

Bill Text

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S06687 Summary:

BILL NOS06687 

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SAME ASSAME AS A00721

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SPONSORCLEARE

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COSPNSR

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MLTSPNSR

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Amd §2981, Pub Health L; amd §170.10, Pen L

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Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; includes falsely making or altering a health care proxy within the crime of forgery in the second degree.

Go to top S06687 Actions:

BILL NOS06687 

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03/19/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS06687 Committee&nbspVotes:

Go to topS06687 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06687 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6687

 2025-2026 Regular Sessions

 IN SENATE

 March 19, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to witnesses to a
 health care proxy and to amend the penal law, in relation to the crime
 of forgery in the second degree

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 2 of section 2981 of the
 2 public health law, as amended by chapter 708 of the laws of 2019, is
 3 amended to read as follows:
 4 (a) A competent adult may appoint a health care agent by a health care
 5 proxy, signed and dated by the adult in the presence of [two] one adult
 6 [witnesses] witness who shall also sign the proxy. However, a person who
 7 resides in a facility operated or licensed by the office of mental
 8 health or the office for people with developmental disabilities, shall
 9 sign such proxy in the presence of two adult witnesses who shall also
 10 sign the proxy. Another person, who shall not be a witness, may sign and
 11 date the health care proxy for the adult if the adult is unable to do
 12 so, at the adult's direction and in the adult's presence, and in the
 13 presence of [two adult] the witness or witnesses who shall sign the
 14 proxy. The witness or witnesses shall state that the principal appeared
 15 to execute the proxy willingly and free from duress. The person
 16 appointed as agent shall not act as witness to execution of the health
 17 care proxy.
 18 § 2. Subdivision 1 of section 170.10 of the penal law, as amended by
 19 chapter 949 of the laws of 1984, is amended to read as follows:
 20 1. A deed, will, codicil, contract, assignment, commercial instrument,
 21 credit card, as that term is defined in subdivision seven of section
 22 155.00 of this part, health care proxy under article twenty-nine-C of
 23 the public health law, or other instrument which does or may evidence,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02410-01-5

 S. 6687 2

 1 create, transfer, terminate or otherwise affect a legal right, interest,
 2 obligation or status; or
 3 § 3. This act shall take effect on the ninetieth day after it shall
 4 have become a law.

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